IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.44874 OF 2019 (GM-CPC) BETWEEN:
SMT. I.E.THIRTHAMMA, AGED ABOUT 62 YEARS, W/O SRI. V.R. PUTTE GOWDA, AGRICULTURIST, RESIDING AT BALEHONNUR MUDIGERE ROAD, ALDUR HOBLI, CHIKKAMAGALUR TALUK, CHIKKAMAGALUR DISTRICT-577 101.
... PETITIONER (BY SRI. CHANDRAKANTH R GOULAY, ADVOCATE) AND:
1. SMT. SHUBHA, AGED ABOUT 49 YEARS, W/O A.G.JAISIMHA, 2. SRI. A.G.JAISIMHA, AGED ABOUT 53 YEARS, S/O LATE A.N.GUNDU RAO, BOTH ARE COFFEE PLANTERS, RESIDENTS OF NARAHARI ESTATE GALIGANDI, ALDUR HOBLI, CHIKKAMAGALUR TALUK, CHIKKAMAGALUR DISTRICT-577 101.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS; SET ASIDE THE ORDER PASSED BY THE COURT OF 1st ADDL. SENIOR CIVIL JUDGE AT CHIKKMAGALUR ON I.A.NO.5/2019 DATED 9.9.2019 IN O.S.NO.22/2018 VIDE ANNX-L AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The impugned order being appealable under Order XLIII Rule 1(r) of CPC 1908, Writ Petition is disposed off reserving liberty to the petitioner to challenge the same else where in accordance with law.
2. The Registry shall return the impugned order to the petitioner forthwith, after retaining a copy thereof in the file.
3. It is needless to mention that the period spent in the prosecution of this Writ Petition shall be discounted while computing the period of limitation prescribed by law for availing the alternate remedy of challenge.
All contentions of the parties are kept open.
Sd/- JUDGE DS